35096 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 

[FR Doc. 2014–14369 Filed 6–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 711 

[EPA–HQ–OPPT–2012–0221; FRL–9910–84] 

RIN 2070–AK01 

Partial Exemption of Certain Chemical 

Substances From Reporting Additional 

Chemical Data 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is amending the list of 

chemical substances that are partially 

exempt from reporting additional 

information under the Chemical Data 

Reporting (CDR) rule. EPA has 

determined that, based on the totality of 

information on the chemical substances 

listed in this document, the Agency has 

low current interest in their CDR 

processing and use information. EPA 

reached this conclusion after 

considering a number of factors, 

including: The risk of adverse human 

health or environmental effects, 

information needs for CDR processing 

and use information, and the 

availability of other sources of 

comparable processing and use 

information. 

DATES: This direct final rule is effective 

August 18, 2014 without further notice, 

unless EPA receives adverse comment 

on or before July 21, 2014. If EPA 

receives written adverse comments, EPA 

will withdraw the applicable partial 

exemption in this direct final rule before 

its effective date. See also Unit II. of the 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0221, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Karen 

Hoffman, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8158; email address: 

hoffman.karen@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. What action is the agency taking? 

This partial exemption eliminates an 

existing reporting requirement under 40 

CFR 711.6(b)(2). With this direct final 

rule, the following chemical substances 

are being exempted from reporting of 

the information described in 40 CFR 

711.15(b)(4): 1,3-Propanediol (Chemical 

Abstracts Service Registry Number 

(CASRN) 504–63–2); oils, palm kernel 

(CASRN 8023–79–8); and bentonite, 

acid-leached (CASRN 70131–50–9). 

However, by existing terms at 40 CFR 

711.6, this partial exemption will 

become inapplicable to a subject 

chemical substance in the event that the 

chemical substance later becomes the 

subject of a rule proposed or 

promulgated under TSCA section 4, 

5(a)(2), 5(b)(4), or 6, an enforceable 

consent agreement (ECA) developed 

under the procedures of 40 CFR part 

790, an order issued under TSCA 

section 5(e) or 5(f), or relief that has 

been granted under a civil action under 

TSCA section 5 or 7. EPA is also making 

non-substantive technical amendments 

to 40 CFR 711.6(b)(2) to reflect that 

while prior information collections may 

have been styled as either ‘‘IUR 

collections’’ or ‘‘CDR collections,’’ 

prospective obligations are styled as 

‘‘under the CDR.’’ 

B. Why is the agency taking this action? 

This amendment is in response to a 

petition request (Ref. 1) submitted under 

40 CFR 711.6(b)(2)(iii)(A). EPA 

reviewed the information put forward in 

the petition and additional information 

against the considerations listed at 40 

CFR 711.6(b)(2)(ii). EPA’s chemical 

substance-specific analysis is detailed in 

supplementary documents available in 

the docket under docket ID number 

EPA–HQ–OPPT–2012–0221 (Refs. 2, 3, 

and 4). The Agency is adding these 

three chemical substances to the 

partially exempt chemical substances 

list because it has concluded that, based 

on the totality of information available, 

the CDR processing and use information 

for these chemical substances is of low 

current interest. 

C. What is the Agency’s authority for 

taking this action? 

This action is issued under the 

authority of the Toxic Substances 

Control Act (TSCA), 15 U.S.C. 2600 et 

seq., to carry out the provisions of TCSA 

section 8(a), 15 U.S.C. 2607(a). Section 

8(a) of TSCA authorizes EPA to 

promulgate rules under which 

manufacturers of chemical substances 

and mixtures must submit such 

information as the Agency may 

reasonably require. The partial 

exemption list was established in 2003 

(Ref. 5) and can be found in 40 CFR 

711.6. 

D. What are the impacts of this action? 

There are no costs associated with 

this action and the benefits provided are 

related to avoiding potential costs. This 

partial exemption eliminates an existing 

reporting requirement without imposing 

any new requirements. See also the 

discussion in Unit V. 

E. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statute at 15 U.S.C. 2602(7) to 

include import) the chemical substances 

contained in this direct final rule. The 

North American Industrial 

Classification System (NAICS) codes 

provided here are not intended to be 

exhaustive, but rather provide a guide to 

help readers determine whether this 

document applies to them. Potentially 

affected entities may include chemical 

manufacturers subject to CDR reporting 

of one or more subject chemical 

substances (NAICS codes 325 and 

324110), e.g., chemical manufacturing 

and petroleum refineries. 

F. What should I consider as I prepare 

my comments for EPA? 

Do not submit Confidential Business 

Information (CBI) to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

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Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 35097 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

II. Direct Final Rule Procedures 

EPA is issuing this partial exemption 

as a direct final rule because it views 

this as a non-controversial action and 

anticipates no adverse comment. This 

direct final rule allows for comments to 

be submitted on or before July 21, 2014. 

In any comment submitted, please 

specify whether the comment is adverse 

and whether it applies to all the 

chemical substances in the direct final 

rule. 

If EPA receives timely adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the 

amendments related to the adverse 

comment will not take effect. At that 

time, EPA may also issue a notice of 

proposed rulemaking respecting the 

addition of chemical substances to the 

list of chemical substances that are 

exempt from reporting the information 

described in 40 CFR 711.15(b)(4). 

If EPA does not receive any timely 

adverse comment, this amendment will 

become effective as indicated under 

DATES without any further action by 

EPA. 

III. Petition Process and ‘‘Low Current 

Interest’’ Partial Exemption 

In 2003, EPA established a partial 

exemption for certain chemical 

substances for which EPA determined 

the processing and use information 

required in 40 CFR part 711 to be of 

‘‘low current interest.’’ This provision of 

the rule enables the public to petition 

EPA to add or remove a chemical 

substance to or from the list of partially 

exempt chemical substances. In 

determining whether the partial 

exemption should apply to a particular 

chemical substance, EPA considers the 

totality of information available for the 

chemical substance in question, 

including but not limited to information 

associated with one or more of the 

considerations listed at 40 CFR 

711.6(b)(2)(ii). 

The addition of a chemical substance 

under this partial exemption will not 

necessarily be based on its potential 

risks. The addition is based on the 

Agency’s current assessment of the need 

for collecting CDR processing and use 

information for that chemical substance, 

based upon the totality of information 

considered during the petition review 

process. Additionally, interest in a 

chemical substance or a chemical 

substance’s processing and use 

information may increase in the future, 

at which time EPA will reconsider the 

applicability of a partial exemption for 

a chemical substance. 

IV. Rationale for These Partial 

Exemptions 

EPA is granting a partial exemption 

for 1,3-propanediol (CASRN 504–63–2); 

oils, palm kernel (CASRN 8023–79–8); 

and bentonite, acid-leached (CASRN 

70131–50–9) because the Agency has 

concluded it has low current interest in 

the processing and use information for 

these chemical substances. EPA made 

these determinations based on our 

analysis of the totality of information on 

the three chemical substances, 

including information about the 

chemical substances relevant to the 

considerations defined at 40 CFR 

711.6(b)(2)(ii). EPA’s chemical 

substance-specific analysis is detailed in 

supplementary documents available in 

the docket under docket ID number 

EPA–HQ–OPPT–2012–0221 (Refs. 2, 3, 

and 4). 

V. Economics Impacts 

EPA has evaluated the economic 

consequences associated with amending 

the CDR partially exempt chemical 

substances list. Since this direct final 

rule creates a partial exemption from 

CDR reporting, without creating any 

new reporting or recordkeeping 

requirements, this action does not 

impose any new burden. Based on the 

currently approved Information 

Collection Request (ICR), the burden 

estimates for reporting processing and 

use information are 83.02 hours per 

submission in the first reporting cycle 

and 65.63 hours in subsequent reporting 

cycles. Based on 2012 CDR reporting, 

EPA estimates that 12 submissions with 

manufacture volumes of 25,000 pounds 

or greater will be received for these 3 

chemical substances in 2016 and 

subsequent reporting years. Eliminating 

the requirement to report processing 

and use information for these 

submissions results in a total burden 

savings of approximately 790 hours and 

$50,000 in future reporting cycles (Ref. 

6). 

VI. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. Letter from Herbert Estreicher, Esq., Keller 

and Heckman LLP, to EPA, OPPT CDR 

Submission Coordinator. December 14, 

2011. 

2. EPA, OPPT. 1,3-Propanediol (CASRN 504– 

63–2) Partial Exemption Analysis. 

November 2013. 

3. EPA, OPPT. Oils, palm kernel (CASRN 

8023–79–8) Partial Exemption Analysis. 

November 2013. 

4. EPA, OPPT. Bentonite, acid-leached 

(CASRN 70131–50–9) Partial Exemption 

Analysis. November 2013. 

5. EPA. TSCA Inventory Update Rule 

Amendments; Final rule. Federal 

Register (68 FR 848, January 7, 2003) 

(FRL–6767–4). 

6. EPA, OPPT. Cost Savings Estimate of 

Adding Three Chemicals to the 40 CFR 

711.6(b)(2) Chemical Substance List. 

May 7, 2014. 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action as defined by 

Executive Order 12866 (58 FR 51735, 

October 4, 1993). Accordingly, this 

action was not submitted to the Office 

of Management and Budget (OMB) for 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011). 

B. Paperwork Reduction Act (PRA) 

According to PRA, 44 U.S.C. 3501 et 

seq., an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, as 

applicable. 

The information collection 

requirements related to CDR have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0162 (EPA ICR No. 

1884.06). Since this action creates a 

partial exemption from that reporting, 

without creating any new reporting or 

recordkeeping requirements, this action 

does not impose any new burdens that 

require additional OMB approval. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

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35098 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 

substantial number of small entities 

under RFA, 5 U.S.C. 601 et seq. In 

making this determination, the impact 

of concern is any significant adverse 

economic impact on small entities, 

because the primary purpose of a final 

regulatory flexibility analysis is to 

identify and address regulatory 

alternatives that ‘‘minimize the 

significant economic impact on small 

entities’’ 5 U.S.C. 604. Thus, an agency 

may certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule has no net burden effect on the 

small entities subject to the rule. 

As indicated previously, EPA is 

eliminating an existing reporting 

requirement for the chemical substances 

identified in this document. In granting 

a partial exemption from existing 

reporting, this action will not have a 

significant economic impact on any 

affected entities, regardless of their size. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. In granting a partial 

exemption from existing reporting, this 

action imposes no new enforceable duty 

on any State, local, or Tribal 

governments, or on the private sector. In 

addition, based on EPA’s experience 

with chemical data reporting under 

TSCA, State, local, and Tribal 

governments are not engaged in the 

activities that would require them to 

report chemical data under 40 CFR part 

711. 

E. Executive Order 13132: Federalism 

This action would not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This action does not 

significantly or uniquely affect the 

communities of Indian Tribal 

governments, nor involve or impose any 

requirements that affect Indian Tribes. 

Accordingly, the requirements of 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) do not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because this action does not 

address environmental health or safety 

risks disproportionately affecting 

children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because this action is not 

expected to affect energy supply, 

distribution, or use. 

I. National Technology Transfer 

Advancement Act (NTTAA) 

Since this action does not involve any 

technical standards, NTTAA section 

12(d), 15 U.S.C. 272 note, does not 

apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that this action 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. As such, this action does 

not entail special considerations of 

environmental justice related issues as 

delineated by Executive Order 12898 

(59 FR 7629, February 16, 1994). 

VIII. Congressional Review Act (CRA) 

Pursuant to the CRA, 5 U.S.C. 801 et 

seq., EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the action 

in the Federal Register. This action is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

List of Subjects 40 CFR Part 711 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: June 13, 2014. 

James Jones, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 711—[AMENDED] 

■ 1. The authority citation for part 711 

continues to read as follows: 

Authority: 15 U.S.C. 2607(a). 

■ 2. In § 711.6: 

■ a. Remove ‘‘IUR’’ and add in its place 

‘‘CDR’’ in the introductory text of 

paragraphs (b)(1) and (b)(2)(iv). 

■ b. Remove ‘‘Inventory Update’’ and 

add in its place ‘‘TSCA Chemical Data’’ 

in the heading for Table 1 in paragraph 

(b)(1). 

■ c. Remove ‘‘IUR’’ and add in its place 

‘‘IUR or CDR’’ in paragraph (b)(2)(ii)(A). 

■ d. Remove the second sentence in 

paragraph (b)(2)(iii)(A) and add two 

sentences in its place. 

■ e. Add in numerical order by CASRN 

number the following entries to Table 2 

in paragraph (b)(2)(iv). 

The amendments read as follows: 

§ 711.6 Chemical substances for which 

information is not required. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) * * * 

(A) * * * Your request must be in 

writing and must be submitted to the 

address provided in 40 CFR 700.17(a). 

Please label your request as follows: 

Attention: TSCA Chemical Data 

Reporting—Partial Exemption Request. 

* * * 

* * * * * 

(iv) * * * 

TABLE 2—CASRN OF PARTIALLY

EXEMPT CHEMICAL SUBSTANCES

CASRN Chemical 

* * * * * 

504–63–2 ....... 1,3-Propanediol. 

* * * * * 

8023–79–8 ..... Oils, palm kernel. 

* * * * * 

70131–50–9 ... Bentonite, acid-leached. 

* * * * * 

[FR Doc. 2014–14367 Filed 6–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

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